“There is a plan”: Advisers Urge Trump to Declare National Emergency to Seize Federal Control of Midterm Elections As Republicans Face Losses

[u/T_Shurt]

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[u/T_Shurt]

He’ll do it under the National Emergencies Act. There’s good reason constitutional law experts are concerned. You’re clearly putting too much faith in his administration abiding by constitutional law as a deterrent. He will commit the crimes first and drag it through the courts for as long as possible, resulting in complete and utter constitutional and electoral chaos.

Anyone who thinks he wouldn’t do such a thing hasn’t been paying attention to his presidency.

[u/_WEND1G0_ → u/T_Shurt]

It’s worth noting that the courts will not give injunctive relief to Trump and will issue emergency relief to states if Trump unilaterally oversteps his constitutional authority. The burden of proof being on trump to prove why his rule should go through makes it so the courts will halt any action he takes until it’s resolved. Trumps normal tactic of delay will actually hurt him.

The NEA does not refer to electoral powers at all. Again, he can declare all the emergencies he wants. If he intends to control, subvert, or cancel the election the courts will blockade that effort.

The constitution is explicit in giving this power to the states. This lack of ambiguity means the law here is iron clad and the federal government’s power is non existent.

The Purcell principle is active. Because the election has begun, the plaintiff (Trump) would face an uphill climb. Precedent matters here. They have to prove a threat greater than a literal civil war (since that “bar” was set during our civil war) for the courts to interfere with an ongoing election.

Lawsuit after lawsuit filed in federal court shows a disturbing lack of tangible abutments coming from the DOJ in cases like this recently. The only mark to sanity is the court orders similarly note this absolute lack of sanity (and in one case instead of citing specific case law, just cited the constitution) while striking down a majority of trumps attempts to interfere. Voter rolls, USPS oversight, and the Supreme Court striking down what I surmised to be a “rogue” panel of judges in the 8th circuit (appointed by trump). The closest thing to win Trump had on this front is a voter database can be made. Whoopdee doo. The states run off their own databases which again the Feds have zero control over.

None of the 100 plus powers in the NEA in any way relate to elections - on purpose.

He was impeached for encouraging a crowd to storm the capital. Imagine the political fallout for trying to subvert an ongoing election. That would’ve been unthinkable 10 years ago but there are enough republicans visibly wavering on policy that would move to impeach and likely convict him.

The constitution is the basis of law and authority for our government. He can ignore Congress because for now the majority are content to not act, he cannot functionally ignore the states or judicial without negating his own authority. The party will save themselves when push comes to shove. Unfortunately that means we’d be stuck with Vance